Parsons v. Robinson 122 U.S. 112 (1887)

U.S. Supreme Court

Parsons v. Robinson, 122 U.S. 112 (1887)

Parsons v. Robinson

Submitted April 27, 1887

Decided May 23, 1887

122 U.S. 112

Syllabus

Proceedings were commenced to foreclose a railroad mortgage in which the trustee of the mortgage, the railroad company, and others were respondents, and one bondholder originally, and another by intervention, were complainants. A decree was entered that the complainants were entitled to have a sale of the mortgaged property upon failure of the company to pay an amount to be fixed by reference to a master within a time to be named by the court, and an order of reference was made. The master reported, and a decree of foreclosure was entered in which the trustee was directed to sell the mortgaged property "at such time and place and in such manner as the court may hereafter determine," and a reference was ordered to a master to report the extent and amount of the prior liens on the mortgaged property, "full and detailed statements" of the property "subject to the lien of said general mortgage," and "what liens, if any, are upon the several properties" of the railroad company "junior to said general mortgage and the order of their priority." Held that this was not a final decree which terminated the litigation between the parties on the merits of the case, and that the appeal must be dismissed.

Motion to dismiss. The case is stated in the opinion of the Court.

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